Facts:

This is the story for five students who let down their guard and allowed the beast in
them to rule. Their tale would have been unbelievable, were it not for the fat that
similar stories of young people committing heinous crimes have been reported with
alarming frequency in the newspapers. And to think that the youth is the hope of
the motherland.

And so the tale begins…

Rico, 19 years old, Mark, 19 Years old, Gerry 17 years old, Vic, 20 years old and
Henry, a 16 year old honor student are provincemates studying at Metro Manila
Technological University a diploma mill in the University Belt. They are also
members of the MMTU chapter of the Dugong Bughaw Varsitarian Association, an
exclusive organization of male university students from their province.

Vic was courting Digna, a deadringer for Izza Ignacio and an MMTU student, but she
has rejected him several times. Actually, she has a boyfriend, Carlo, a UP Law
Student.

One Friday, Rico, Mark, Gerry, Vic and Henry wen to Batangas on a Barkada outing.
They stayed at the Sea Shells Beach Resort owned by Mr. Rodolfo Garcia. That
Friday night, they drank alcoholic beverages while Vic poured out his sorrows.

But coincidences have a way of changing people’s lives forever, sometimes in a

fatal way.

As luck would have it, Digna and Carlo, together with their friends, Randy, Julie and
Minette, also went to the same beach resort. They arrived there on Saturday
morning.

When Vic saw them, he was furious. He immediately rushed at Digna and Carlo and
punched the latter on the face. Carlo tried to retaliate but Digna held her back. Vic’s
barkada and Carlo’s friends separated them.

Not wanting to have any more trouble, Digna and Carlo and their friends,
transferred to the LST Beach Resort and few hundred meters away. The resort was
owned by Mrs. Leticia Silvestre Reyes.

That Saturday nigh, after several bottled of beer, Vic told his Barkada about his
desire to teach Digna and Carlo a lesson. He said that he wanted Digna so badly
that he was willing to be sentenced to death if only he can have her for one night.
His barkada, without thinking, said that they are all brothers and hence they will
help Vic in any way they can, “just say the word…”. They said. Vic replied that
indeed he needed their help.
Arming themselves with lead pipes and wooden clubs, which were handily in Rico’s
Tamaraw FX, they proceeded to the LST Beach Resort on Foot. They wore T-shirts
over their heids like ski masks in order to conceal their faces. Then they climbed
over the low fence of the resort. The resort did not have a security guard and they
entered undetected.

They saw Digna and Carlo and their friends gathered over a campfire singing the
songs of April Boys. Upon Vic’s signal, Rico, Mark, and Gerry, together with Vic
attacked. Henry, upon Vic’s prior instructions, stood guard to prevent anyone from
running away.

Vic Attacked Carlo with uncontrolled passion blundgeoning his head until it was a
mass of blood, bone and brain tissue. It was indeed a horrible night.

Digna, Julie and Minette, were pushed around and shoved but were spared serious
harm. Randy was not so lucky, as several blows hit his head.

Rico, Mark, Gerry, Vic and Henry fled, bringing Digna with them. They proceeded to
the Sea Shells Beach Resort where Rico’s Tamaraw FX was parked. They Got their
belongings from their cottage, paid the caretaker and boarded the FX. They drove
to a town in Cavite, where Mark’s father had a rest house.

They arrived at the resthouse at around 3:30 in the morning. Vic then brought
Digna into the bedroom and forced her to have sexual intercourse. Digna, who was
too frightened and shocked, was unable to resist Vic.

In the meantime, the others stayed in the living room. They drank some gin in order
to calm their nerves. They could not believe what they had just done. In fact, Henry
was sobbing uncontrollably.

When Vic came out of the bedroom, he said that since they were all brothers, Rico,
Mark, Gerry and Henry can share in the bounty and have sex with Digna. Rico and
Mark said they would definitely want to have sex with Digna. The two said that they
wanted “to taste the fruit of their efforts”

Gerry told Vic he did not want to have sex with Digna. Vice sarcastically stated that
maybe it was because Gerry liked boys, not girls. Gerry, his feelings hurt, ran into
the FX and locked himself in.

On the other hand, Henry tried to dissuade Rico and Mark, saying that they will be
imposed the death penalty if they carry out their intent. However, his pleas fell on
deaf ears. Henry also said that if they do not desist they will go to hell. Vic warned
Henry that he will kill the latter if he did not stop pestering them, Henry then tried
to block the bedroom door with his body, but Vic kicked him in the groin. Henry fell
to the floor and cried even more because of the pain. Rico and Mark jumped over
the fallen Henry and entered the bedroom. Thus, Rico and then Mark, succeeded in
having sexual intercourse with the hapless Digna.
Later that day (Sunday), while Rico, Mark, Gerry and Henry were in town buying
some food. Vic tried to force Digna into sexual intercourse. This time, Digna
summoned enough energy to physically resist. But Vic was prepared. He took out a
switchblade from his pocket and stabbed Digna in the chest.

In the meantime, while Rico and Mark were buying food at the public market, Gerry
and Henry ran to the police station and reported what happened. With Gerry and
Henry’s help, policemen arrested Rico and Mark near the public market. Other
policemen proceeded to the resthouse and arrested Vic who was running away
carrying a bloodied knife. They found a badly wounded Digna whom they
immediately brought to the hospital.

The Cavite policemen got in touch with the Batangas police, and were informed that
Carlo died a few hours after the attack while Rand suffered severe head injuries.

On the other hand, Digna miraculously survived despite her very serious wounds.

Gerry and Henry wanted to become state witnesses but the prosecutor refused
because there was no necessity therefor since Digna was willing and able to testify.

After arraignment, Mark died when he was stabbed during a prison riot.

1. What crimes were committed? Discuss. 20 %

2. Who are liable? What are their respective liabilities for each of the crimes
committed? Discuss

3. What circumstances may be appreciated for and against each accused?

Discuss

4. What penalties may be imposed by the court on each of the accused if they
are convicted? What accessory penalties are deemed imposed? May the
accused apply for probation?

5. Who are civilly liable and what comprises their civil liability? Who are entitled
to the damages that may be awarded by the court? Discuss.